The Portland daily press., 1887-04-21

TO the Honorable County Commissioner
State;
u RESPECTFULLY represent James Lawrence
- Charles r. Loring and Alfred n. Tit,
comb, Selectmen of the. town of North Var
lfants Of said town and in behalf Of said town,
as authorized by vote of said town at ITS
annual meeting held ON the Twenty-frst day of
March A. d. 1887, that heretofore to wit on the
NTH day of May, 1885, Isaac Z. Hayes, Lewis
Mitchell Fred A. Skiliin. John w. johnson,
roscoe ferley, Nehemiah Porter, William r.
johnson and George ID. Porter all inhabitants Of
the townlof North Yarmouth aforesaid, presented
their petition TO your Honorable Board praying
that town way might be located in said town 81
North Yarmouth, beginning at the most northerly
end OF the Sligo road, SO called, and running across
land OF Joseph Hilton aud Randall Johnson, and
ending at the most southery end of the Mill road
so called, all in said North Yarmouth, for the
reason that said town had refused to accept the
location OF said way as previously made by the
Selectmen-of said town, and that the same would
be great public convenience;
That thereafterwards after due notice and pro-
ceedings had, to wit, on the fifth day of January
A. d. 1886. your Honorable Board by their writ
ten return filed In this Honorable Court, adjudged
and Determined that said town of North Yarmouth
had nnreasonaby refused to accept the location
OF said way made by its Selectmen as set forth in
said petition and that common convenience and
necessity required the location of said way as
prayed for in said petition, and thereupon pro-
ceeded TO locate said way as follows:
Beglnn1ng at the SOutherly.end of the Mill road,
so called, and running thence southerly two rods
to the south side of the New Gloucester road,
thence south twenty degrees and thirty minutes
east one hundred and ninety-nne rods on land of
Randall johnson to land of Joseph Hilton; thence
same course on land of said Joseph Hilton seventy
seven r0es TO stake; thence south thirty nine
degrees and thirty minutes east ON land Of said
Hilton ten rods to the Hallowel road; thence
souenerly TWO rods to the end OF Sligo road, so
called Said location to be three rods wide, and
line.
And did further estimate and award to the in
dlvlduals hereinafter named, the sums set against
their names respectively as a full and Just COM
pensati0n and equlvelant for all damages by then
severaly sustained in consequence of said location
to witi
To Randall johnson the sum of S149.25.
To Joseph Hilton the sum of S65.25
And did further order and adjudge that the
owners Of the land over which said location passes
should be allowed one year from the time when
all proceedings on the foregoing petition shall be
closed to take off their wood, timber, or any
erection thereon;
Also that the damages awarded as aforesaid
should be paid out of the treasury of the town of
North Yarmouth, when the land over which said
way was located should be entered upon and
possession taken for the purpose of construction
or use;
And also that the town of North Yarmouth
sad proceedings should be closed within which
70 open and make said road safe and convenient
loT travellers horses Teams carts, and carriages,
OF your Honorable Court;
That on the second day of June, 1886, the said
Joseph Hilton filed in your Honorable Court,
notice OF appeal from the award of damages made
to him as aforesaid, and at term OF the Supreme
judicial Court held at Portland within and for the
County Of Cumberland, on the second Tuesday Of
october, 1886, duly filed his petition for increase
Board as aforesaid;
That thereafterwards, after due proceedings
had, by agreement Of parties, Bradford b.
Farnham, of Woolwich, Moses Plummer and
Nathaniel Dyer, both of Pownal, were appointed
committee OF reference to determine said dam
ages which said committee thereafterwards
heard said parties and at term of said court held
on the second Tuesday of January, A. d. 1887, to
W.T. on the sixth day of said term duly filed their
report, wherein they awarded TO Joseph Hilton as
damages for the location of said way over his said
lands, the sum of S152.75, which said award was
at said term duly accepted by said Court, and
Judgment thereupon rendered for the amount
aforesaid as damages, and cost taxed at $780,.
And your petitioners further represent that said
way so located as aforesaid, has not been con-
structed by said town, and that the common con-
venience and necessity do not require its construc-
ton, and that said way should be discontinued
wherefore they pray that your Honorable
Board VIII, after due notice and proceedings had
discontinue said way and the location thereof and
as In duty bound with ever pray
Dated at said North Yarmouth this, the fifteenth
day of April, A. ID. 1887.
JAMES LAWRENCE,
CHARLES II. LORING,
A. N. TITC0MB.